Can A Wife’s Mental Cruelty And “Non-adjusting Attitude”, Help A Man Get A Divorce?
On 23rd January 2024, a man was granted divorce by the Delhi High Court (HC), citing mental cruelty caused by his wife’s “non-adjusting attitude.” After sixteen years of cohabitation, the 2001 marriage ended in divorce. The wife asserted that her husband and his family demanded dowry, while the husband accused her of being cruel and abusive.
Judges Suresh Kumar Kait and Neena Kumar Bansal, sitting on a division bench, overturned a ruling at the family court, that first dismissed the request for divorce presented by the husband.
Appeal Made By The Husband:
The husband’s appeal was granted by the court, which stated that mental cruelty can be committed when a spouse’s mental or physical health is negatively impacted by unjustifiable and sustained negative conduct towards the husband.
Allegations Made By The Wife:
The allegations made by the wife were rejected by the HC. The allegations claimed that the husband’s alleged extramarital affair with coworkers and friends, as well as the wife’s baseless allegations of dowry demands, had caused gross cruelty and mental suffering.
Sections Involved In The Divorce:
It was noted that there would be no benefit to carrying on such marriage, hence divorce based on cruelty was granted per Section 13(1) (IA) of the Hindu Marriage Act, 1955.
Court’s Final Decision:
The court stated that the incidents may not seem very important when taken, separately, but they showcase the respondent’s wife’s “non-adjusting behaviour” and her immaturity in resolving the differences without publicly humiliating the husband, which caused the appellant to face mental suffering and pain.
The court finally stated that there is no need to beat a dead horse when the appellant, the husband, has endured mistreatment during their marriage. As a result, we set aside the challenged decision (that came as an appeal) and awarded a divorce based on mental suffering and cruelty.